Terms of Service
Last Updated: April 27, 2026
PLEASE READ THESE TERMS CAREFULLY. BY CREATING AN ACCOUNT, CREATING A GIFT PAGE, OR SENDING A GIFT THROUGH THE RALLY PLATFORM, YOU AGREE TO BE BOUND BY THESE TERMS OF SERVICE. IF YOU DO NOT AGREE, DO NOT USE THE PLATFORM.
1. Agreement to Terms
These Terms of Service ("Terms") constitute a legally binding agreement between you and Emiva Ventures LLC ("Rally," "we," "us," or "our"), a Texas limited liability company, governing your use of the Rally platform, website, and related services (collectively, the "Platform").
These Terms apply to all users of the Platform, including:
• "Hosts" — parents or guardians who create gift pages for their children
• "Gift-givers" or "Guests" — friends, family members, or others who send gifts through a gift page
• Any other visitor to the Platform
2. Description of the Service
Rally is a digital platform that allows Hosts to create shareable gift pages for their children's occasions (such as birthdays or holidays). Gift-givers can visit these pages and send monetary gifts in any amount they choose, which are collected by Rally and disbursed to the Host's bank account upon request.
Rally is a gift facilitation platform. We are not a bank, money transmitter, financial advisor, or investment service. Payment processing is provided by Stripe, Inc. under their own terms.
3. Eligibility
To use the Platform, you must:
• Be at least 18 years of age
• Have the legal capacity to enter into a binding agreement
• Not be prohibited from using the service under applicable law
• Provide accurate and truthful information when creating an account
Rally is intended for use by parents and guardians creating gift pages for their minor children's activities. If you are creating a gift page on behalf of a child, you represent and warrant that you are that child's parent or legal guardian and have the authority to do so.
The Platform is not intended for use by children under the age of 13. We do not knowingly allow children to create accounts. If you are under 18, you may not create an account but may view a gift page that a parent has shared with you.
4. Account Registration
To create a gift page, you must register for an account. By registering, you agree to:
• Provide accurate, current, and complete information
• Maintain and promptly update your account information
• Keep your password secure and confidential
• Notify us immediately of any unauthorized access to your account
• Be responsible for all activity that occurs under your account
Rally reserves the right to suspend or terminate accounts that provide false information, violate these Terms, or engage in fraudulent activity.
5. Gift Pages — Host Responsibilities
5.1 Creating a Gift Page
By creating a gift page, you represent and warrant that:
• You are the parent or legal guardian of the child named on the gift page
• You have the right to use any photo of the child that you upload
• All information you provide is accurate and not misleading
• You will not use the gift page for any purpose other than collecting gifts for your child's legitimate activities
5.2 Prohibited Gift Page Uses
You may not use a gift page to:
• Collect funds for purposes other than legitimate children's activities and experiences
• Misrepresent the intended use of collected funds
• Collect funds for a non-existent child or occasion
• Engage in fraud, deception, or any illegal activity
• Collect funds exceeding legitimate activity costs
5.3 Gift Page Content
You are solely responsible for the content of your gift page, including the child's name, photo, message, and activities listed. By uploading content, you grant Rally a non-exclusive, royalty-free license to display that content on the Platform for the purpose of operating the gift page.
You must not upload content that is:
• Defamatory, harassing, threatening, or harmful
• Infringing on any third party's intellectual property rights
• Obscene, pornographic, or inappropriate for a family platform
• In violation of any applicable law or regulation
5.4 Gift Page Visibility
Gift pages are accessible to anyone who has the link. You acknowledge that by sharing your gift page link, you are making the child's first name, age, occasion, activities, your message, and the gift-giving history visible to those recipients. Do not include sensitive information about your child on a gift page.
6. Gifts — Gift-Giver Terms
6.1 Nature of Gifts
Gifts sent through the Platform are voluntary monetary gifts. By sending a gift, you acknowledge that:
• Gifts are not donations, contributions to a nonprofit, or tax-deductible
• Gifts are not purchases of goods or services
• Rally is the intermediary that collects and disburses gifts — the gift is intended for the Host family
• You are sending a gift of your own free will with no expectation of receiving goods, services, or financial return
6.2 No Minimum Gift Amount
There is no minimum gift amount. You choose any amount you wish to give. Rally will not pressure you to give any particular amount.
6.3 Fees at Checkout
When you send a gift, the following fees are added to your chosen gift amount:
• Platform fee: A small percentage charged by Rally to operate the service. The current rate is displayed at checkout before you complete payment.
• Payment processing fee: A fee charged by Stripe for secure payment processing (currently 2.9% + $0.30 per transaction). This is displayed at checkout.
These fees are charged to the gift-giver on top of the gift amount. The Host receives 100% of the gift amount you select. Fees are disclosed transparently at checkout before you confirm payment.
6.4 Refund Policy for Gift-Givers
Gifts are generally non-refundable once sent. However, Rally may issue a refund at its sole discretion in the following circumstances:
• A technical error resulted in a duplicate charge
• You sent a gift to the wrong gift page by mistake and the Host has not yet requested a payout — refund requests must be made within 48 hours
• Verified fraudulent activity on the gift page
To request a refund, contact support@givewithrally.com within 7 days of the transaction. Approved refunds will be credited back to your original payment method within 5–10 business days.
Rally does not issue refunds for gifts that have already been paid out to the Host. In cases of fraud, Rally will work with Stripe and applicable authorities to pursue appropriate remedies.
7. Payment Processing and Payouts
7.1 Stripe as Payment Processor
All payments on the Platform are processed by Stripe, Inc. By using the payment features of the Platform, you agree to Stripe's Terms of Service (stripe.com/legal) and Privacy Policy (stripe.com/privacy). Rally is not responsible for errors, failures, or delays caused by Stripe.
7.2 Host Payouts
Hosts may request a payout of their gift page balance at any time during or after the gift page period. Payouts are subject to:
• A review period during which Rally may verify the legitimacy of the gift page and transactions (typically same business day during beta)
• Rally's right to hold, delay, or deny payouts in cases of suspected fraud, chargebacks, or policy violations
• Stripe's standard ACH transfer times (typically 1–3 business days after approval)
Rally deducts the platform fee (1% of total gifts received, or current rate as displayed on the Platform) from the total before disbursement. The Host receives the remainder.
7.3 Tax Responsibilities
Hosts are solely responsible for determining and fulfilling any tax obligations arising from gifts received through the Platform. Rally does not provide tax advice. Depending on amounts received and applicable law, gifts may or may not constitute taxable income. Consult a qualified tax professional if you are unsure of your obligations. Rally may be required to issue tax forms (such as a 1099-K) if transaction thresholds set by the IRS are met.
7.4 Failed Transactions and Chargebacks
If a gift-giver disputes a charge with their bank or card issuer (a "chargeback"), the corresponding gift amount may be reversed from the gift page balance. Hosts agree to cooperate with Rally in responding to chargebacks, including providing information about the gift page and the occasion. Hosts who abuse chargebacks or who create fraudulent gift pages may be held responsible for chargeback costs.
8. Prohibited Uses
You may not use the Platform to:
• Violate any applicable law, regulation, or third-party rights
• Create fraudulent, misleading, or deceptive gift pages
• Collect funds for purposes other than legitimate children's activities
• Impersonate any person or entity
• Upload malware, viruses, or harmful code
• Attempt to gain unauthorized access to any part of the Platform or other users' accounts
• Scrape, crawl, or otherwise extract data from the Platform without permission
• Use the Platform for adult content, gambling, or any illegal purpose
• Send unsolicited communications (spam) using gift page links
• Create multiple accounts to circumvent restrictions or bans
Rally reserves the right to investigate violations and take appropriate action, including account suspension, payout withholding, reporting to law enforcement, and legal action.
9. Rally's Role and Limitations
Rally is a technology platform that facilitates gift transactions between gift-givers and Hosts. Rally:
• Is not responsible for verifying that funds are used for the stated activities after disbursement
• Is not a party to the gift transaction between the gift-giver and the Host
• Does not guarantee that any gift page will reach any particular amount
• Does not guarantee the accuracy of information provided by Hosts on gift pages
• Is not a fiduciary, trustee, or custodian of funds — funds held pending payout are operational balances, not escrow or trust accounts
Users interact with the Platform at their own risk. Rally encourages gift-givers to only send gifts to gift pages created by people they know and trust personally.
10. Intellectual Property
10.1 Rally's Intellectual Property
The Platform, including its name, logo, design, code, features, and content created by Rally, is owned by Emiva Ventures LLC and protected by applicable intellectual property laws. You may not copy, modify, distribute, sell, or create derivative works from Rally's intellectual property without our express written permission.
10.2 Your Content
You retain ownership of content you create and upload (such as your message, child's photo, and gift page details). By submitting content to the Platform, you grant Rally a worldwide, non-exclusive, royalty-free license to use, display, and distribute that content solely for the purpose of operating the Platform and providing the service. This license ends when you delete the content or close your account, except where backup copies may be retained per our data retention policy.
11. Disclaimers
THE PLATFORM IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
Rally does not warrant that:
• The Platform will be uninterrupted, error-free, or secure
• Any particular gift page will receive gifts
• Funds will be disbursed within any specific timeframe other than as stated
• The Platform will be free from viruses or harmful code
Some jurisdictions do not allow certain warranty disclaimers. In those jurisdictions, our liability is limited to the maximum extent permitted by law.
12. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, EMIVA VENTURES LLC AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS SHALL NOT BE LIABLE FOR:
• Indirect, incidental, special, consequential, or punitive damages
• Loss of profits, revenue, data, or business opportunities
• Damages arising from unauthorized access to your account
• Fraudulent gift pages created by third parties
• Failure of Stripe or any other third-party service provider
IN NO EVENT SHALL RALLY'S TOTAL LIABILITY TO YOU FOR ALL CLAIMS ARISING FROM OR RELATED TO THE PLATFORM EXCEED THE GREATER OF: (A) THE TOTAL FEES RALLY RECEIVED FROM YOUR TRANSACTIONS IN THE 12 MONTHS PRECEDING THE CLAIM, OR (B) $100 USD.
Some jurisdictions do not allow limitations on liability for certain types of damages. In those jurisdictions, our liability is limited to the maximum extent permitted by law.
13. Indemnification
You agree to defend, indemnify, and hold harmless Emiva Ventures LLC and its officers, directors, employees, and agents from any claims, damages, losses, liabilities, costs, and expenses (including attorneys' fees) arising from:
• Your use of the Platform in violation of these Terms
• Your gift page content, including any false or misleading information
• Any gift page you create that is found to be fraudulent
• Your violation of any applicable law or third-party rights
14. Governing Law and Dispute Resolution
14.1 Governing Law
These Terms are governed by the laws of the State of Texas, United States, without regard to conflict of law principles.
14.2 Informal Resolution
Before filing any formal legal claim, you agree to contact Rally at support@givewithrally.com to attempt to resolve the dispute informally. We will make a good-faith effort to resolve disputes within 30 days of receiving your notice.
14.3 Arbitration
If informal resolution fails, any dispute, claim, or controversy arising from or relating to these Terms or the Platform shall be resolved by binding arbitration administered by the American Arbitration Association (AAA) under its Consumer Arbitration Rules, rather than in court, except as provided in Section 14.4 below.
The arbitration shall take place in Bexar County, Texas (or by videoconference at your option). The arbitrator's decision shall be final and binding and may be entered as a judgment in any court of competent jurisdiction.
14.4 Exceptions to Arbitration
Either party may seek injunctive or other equitable relief in a court of competent jurisdiction to prevent irreparable harm. Either party may bring claims in small claims court for disputes within that court's jurisdiction.
14.5 Class Action Waiver
YOU AND RALLY AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION.
15. Termination
Rally may suspend or terminate your account and access to the Platform at any time, with or without notice, if:
• You violate these Terms
• We suspect fraudulent, illegal, or abusive activity
• Your account is involved in a chargeback dispute
• We are required to do so by law
You may close your account at any time by contacting support@givewithrally.com. Pending payouts will be processed according to normal procedures. Funds that cannot be disbursed due to invalid bank information will be held for 90 days and then subject to applicable unclaimed property laws.
Sections of these Terms that by their nature should survive termination (including intellectual property, disclaimers, limitation of liability, indemnification, and dispute resolution) shall survive.
16. Changes to These Terms
Rally reserves the right to modify these Terms at any time. When we make material changes, we will:
• Post the updated Terms on the Platform with a new effective date
• Notify registered account holders by email
• Require your affirmative acceptance of the new Terms if the changes are material
Your continued use of the Platform after the effective date of updated Terms constitutes your agreement to the changes. If you do not agree to the updated Terms, you must stop using the Platform and close your account.
17. General Provisions
17.1 Entire Agreement
These Terms, together with the Privacy Policy and any additional terms applicable to specific features, constitute the entire agreement between you and Rally regarding the Platform and supersede all prior agreements.
17.2 Severability
If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions will continue in full force and effect.
17.3 Waiver
Rally's failure to enforce any provision of these Terms shall not constitute a waiver of that provision.
17.4 Assignment
You may not assign your rights or obligations under these Terms without Rally's prior written consent. Rally may assign these Terms in connection with a merger, acquisition, or sale of assets.
17.5 Force Majeure
Rally shall not be liable for delays or failure to perform resulting from causes beyond our reasonable control, including acts of God, natural disasters, war, pandemic, government action, or third-party service failures.
18. Contact Us
For questions about these Terms of Service or to report a Terms violation:
• Email: support@givewithrally.com
